Alert: Court of Justice rules on limits of ‘indication of geographical origin’ (Moreno Marín v Retuerta)

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IP analysis: The Court of Justice has ruled on two questions referred by the Provincial Court, Burgos, Spain, in the context of a trade mark invalidity action. The case concerned the national trade mark LA MILLA DE ORO, registered in respect of wines. A request for a declaration of invalidity had been lodged by a competitor, on the basis that the trade mark constituted an indication of geographical origin and was therefore subject to an absolute prohibition on registration, pursuant to Spanish law. The referring court took the view that the mark did not seem to be an indication of geographical origin, since it did not designate any place or topographical feature. However, it was still associated with a specific place, which was characterised by a high concentration of high-quality goods. The Court of Justice held that a sign of this type cannot constitute an indication of geographical origin, since it must be accompanied by a...